My neighbour is playing loud music at all times of the day and night. This interferes with my work in the day (I work from home) and my sleep at night.
Suggestions to explore when dealing with a noisy neighbour
A good starting point would be to try to resolve the issue informally by talking to your noisy neighbour. Many times, it is simply a case of the neighbour not realising that walls are thinner than they think. If you have concerns about approaching them in person, then you could write a letter setting out what is happening, and explaining how it has been affecting you.
It may also be worth contacting and speaking with other neighbours to see whether the noise problem also affects them. Sometimes people are more likely to change their ways if a number of people have complained.
"I went round and asked him to turn it down, and now when he sees me in the street, he shouts at me and is abusive."
If attempting to make amicable conversation with your neighbour fails, then the next step could be to contact a third party who may be able to assist. For instance, if the neighbour is in fact the tenant of the property, you may wish to contact their landlord to discuss, which might help address the problem. The landlord could be the local council, a housing association, or a private landlord.
There are commonly anti-nuisance and anti-loud noise clauses in a tenancy agreement. Therefore the landlord may be able to have a word with the neighbour instead. If you have any concerns regarding possible retaliation, you may request the landlord to keep your complaint anonymous.
Alternatively, obtaining help from a mediation service might settle the dispute. In a mediation, a professional impartial third party - known as a mediator - will facilitate a resolution by assisting both sides in finding out what has gone wrong, and how to move forward. It is a confidential process and can be quicker or even cheaper than taking formal legal action.
You can also turn to the Environmental Health department of your local authority for help. They have a duty to investigate any ‘statutory nuisance’ complaints, as per the Environmental Protection Act 1990, which can include noise emitted from premises so as to be a nuisance.
If the local authority is satisfied that a statutory nuisance does exist (or is likely to occur or recur) then they will serve what is called an ‘Abatement Notice’ on the neighbour. This may require the neighbour to stop or limit certain activities, and take specific steps to reduce the noise problem. If the neighbour then does not comply with the Abatement Notice, then they can be prosecuted and fined.
If all of the above fails, then you may also take legal action against the neighbour by ultimately seeking a civil injunction order from the Court against the neighbour. We will be able to assist and guide you through the legal process - get in touch today to see how we can help.
We may start by drafting a formal letter before a claim to the neighbour to request that they cease all further nuisances and stress to them that, unless their behaviour changes, then you may commence legal proceedings against them in Court and will seek to recover legal fees against them.
If the neighbour then still does not change, we can help you to make an application for a civil injunction order against the neighbour. This is a Court order which prohibits the neighbour from causing further noise nuisances.
In determining whether to grant an injunction or not, the Court is exercising its discretionary powers. You will therefore need to not only show the Court what steps you have already taken but also provide evidence of the noise issues to the Court in order to persuade the Court to make a civil injunction order so you should keep a diary of the neighbour’s anti-social behaviours to record the dates, times, and the type of nuisance each time. The burden of proving the application will be on you and the standard of that proof is on the balance of probabilities.
If at any point the neighbour continues to act in a violent, violent, threatening, or abusive manner towards you then you should make a diary entry of each encounter and contact the Police again.
The Police say it is a civil matter: What are my rights?
You may be able to make a claim for harassment in civil proceedings, pursuant to the Protection from Harassment Act 1997. Harassment of a person includes causing alarm or distress to that person. In these types of civil claims, the Court can grant a restraining injunction and may even award damages may be awarded for any anxiety caused or even financial loss suffered as a result of any harassment.
If you’d like more guidance, you can find more information on neighbour disputes here. Alternatively, contact us on 01634 811 118.